Swisher International Inc. v. Trendsettah USA Inc.

Issue: (1) Whether a jury verdict finding a defendant liable under Section 2 of the Sherman Act for refusing to deal or cooperate with a competitor may be upheld when the jury was not instructed (a) that a monopolist has no general duty to deal with its business rivals or (b) that the plaintiff must prove that the refusal was contrary to the defendant"s short-run interests; and (2) whether an impact on a single firm"s output can give rise to a presumption of injury to competition under Section 2 of the Sherman Act, even when marketwide output is increasing.